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(영문) 광주지방법원 2018.01.09 2016가단36961
사해행위취소
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On March 23, 2015, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) determined KRW 200 million as the due date for reimbursement on April 20, 2015 to C following D’s joint and several sureties, and the appointed Party E set KRW 150 million as the due date for reimbursement on June 23, 2015, respectively.

B. On March 2, 2015, C entered into a sales contract with F to purchase a vessel listed in attached Table 1 (name prior to the alteration: G; hereinafter “instant vessel”); and the down payment of KRW 35 million was KRW 775 million at the time of the contract, and the remainder amount was to be paid at April 15, 2015 (hereinafter “instant sales contract”).

C. On March 31, 2015, C received the registration of ownership transfer of the instant vessel from F before fully paying the remainder under the instant sales contract, C completed the registration of ownership transfer with respect to the instant vessel from F on the same day, and C completed the registration of ownership transfer with respect to the instant vessel at KRW 280 million with respect to the instant vessel (hereinafter “the registration of ownership transfer of the instant vessel”). D.

C With respect to the instant vessel under excess of the obligation, the Defendant entered into a trade reservation on November 30, 2015 (hereinafter “instant reservation”) with respect to the instant vessel, and completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of the instant vessel”) on December 1, 2015, and entered into a sales contract on July 19, 2016 (hereinafter “instant sales contract”), and completed the ownership transfer registration (hereinafter “instant principal registration”).

E. On December 1, 2015, C filed a provisional registration of the right to claim transfer of ownership (hereinafter “provisional registration of the instant two real estate”) with the Defendant on November 30 of the same year, as to the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant two real estate”).

F. Jeonju District Court Order No. 28639, Jun. 21, 2016 received on June 21, 2016

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